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HomeMy WebLinkAboutResolution - 2011-R0458 - Lease Agreement - Camp Fire USA Panhandle Plains Council - 10/27/2011Resolution No. 2011-RO458 October 27, 2011 Item No. 5.10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease Agreement, by and between the City of Lubbock and Camp Fire USA Panhandle Plains Council of Lubbock, and related documents. Said Lease Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 27, 2011 TOM MARTIN, MAYOR ATTEST: Rebec Garza, City Secret ry APPROVED AS TO CONTENT: Rand Truesdell, Community Services Director APPRAS TO FORM: 9!" Chad Weaver, Assistant City Attorney vwxcdocs/RES.Agreement-Camp Fire USA September 29, 2011 Resolution No. 2011-RO458 STATE OF TEXAS § LEASE AGREEMENT COUNTY OF LUBBOCK § This lease by and between the City of Lubbock, Lubbock County, Texas, hereinafter called "LESSOR", and Camp Fire USA Panhandle Plains Council of Lubbock, a Texas non- profit corporation, hereinafter called "LESSEE", for and in consideration of the Sum of One and No/100 Dollars to Lessor paid, the receipt of which is hereby acknowledged, and the consideration of the covenants herein contained, to be kept and performed: WITNESSETH: Lessor does hereby let and lease unto the Lessee the following described tract of land in Lubbock County, Texas, to -wit: BEGINNING at a point which bears 371.45 feet south and 109 feet east of the Southwest comer of Lot Eight (8), Block One (1), Burleson & Osborn's Canyon Addition Installment No. I to the City of Lubbock, Lubbock County, Texas; THENCE South 20 degrees 12 minutes West 203.22 feet; THENCE West 260 feet; THENCE North 150 feet; THENCE North 78 degrees 26 minutes 30 seconds East, 289.09 feet; THENCE South 69 degrees 48 minutes East 50 feet to the Place of Beginning. such tract being a part of two tracts of land conveyed to Lessor by J.A. Hodges and wife, Helen Hodges, by deeds dated January 3, 1963, and which are recorded in Vol. 922, at page 511 and at page 515, Deed Records of Lubbock County, Texas, to which reference is here made for all purposes, and which tracts of land compromise Helen McLean Hodges Park. TO HAVE AND TO HOLD the said premises hereby demised unto the Lessee from November 15, 2011, for a term of twenty (20) years next ensuing, for the sum of One and No/100 Dollars, payable in advance upon the execution of this lease hereinabove mentioned, subject to the following terms, conditions, covenants and provisions. 1. Lessee shall keep the said premises in good repair, normal wear and tear excepted. 2. Lessee has constructed a building, parking area and has made certain improvements on said leased premises, all of which shall be used by its personnel, and persons using the said premises; such improvements shall be and belong to the Lessee so long as Lessee occupies the said premises, but once Lessee abandons the said premises, or this lease expires or is terminated, the said building, parking lot and improvements shall be the property of Lessor unless such lease is renewed within six months of its expiration. Lessee shall bear all costs and charges for any and all improvements placed on said property, and all repairs, and Lessee shall keep and maintain all improvements, as well as all renewals and additions to the appurtenances during the term of this lease. Approval shall be secured from Lessor before any improvements are placed on the premises by Lessee. Such approval or disapproval shall be made by the Director of Parks. 3. Lessee shall pay all bills required in carrying out its use of the lease premises. 4. Lessee shall not assign this lease, or sub -let the whole or any part of said premises, not make or allow any unlawful, improper or offensive use thereof. Lessee shall comply with all ordinances and regulations of the State, County and City and other governmental agencies applicable to the demised premises. 5. Lessor agrees that Lessee in conjunction with the leased premises may use the remaining part of said park not herein leased for such purposes necessary to further the aims of Lessee. Such use shall be subject to the rules established for such part and any rules set by the Parks Department for a special use by the Lessee; and, further, such use shall be a use in common with other park patrons and not an exclusive use unless an area is reserved for Lessee by the Parks Department on agreed times and dates. The premises shall be left in as clean a condition as the premises were found to be in. The right of ingress and egress over the remaining portion of the said park is hereby expressly granted to Lessee, its servants, employees and members. Such right is subject to established park rules and shall not prevent the establishing of park hours, park uses or the erecting of fences, structures, barriers or signs as the Park Department may determine as necessary. 6. In the event the improvements are destroyed by fire, act of God or accident so that the intended use of said premises cannot be carried out, Lessee shall remove, or cause to be removed, the unsightly portion that may be damaged, or repair the same. 7. At the termination of this lease, or any extension thereof, all improvements and personal property affixed to the soil shall remain on the premises, and if the Lessee is not in default in the performance of the covenants hereof, Lessee may remove those items of personal property whose removal will not permanently injure the building. 8. In the event Lessee shall make default in the performance of any of the agreements, conditions and covenants contained herein, Lessor may, at its option, notify Lessee in writing of the breach, or breaches, and give the Lessee fifteen (15) days in which to correct same, and if Lessee does not correct such default, Lessor may enter the leased premises and take possession thereof and depossess and evict Lessee and keep and retain all goods, wares, chattel, implements, fixtures, furniture and personal property. A landlord's lien is expressly granted Lessor as security to assure the carrying out of the terms of this lease, and such lien may be enforced at a public or private sale of said property, after a ten (10) days notice in writing is given to Lessee. Such sum, or sums, received shall be the amount of damages Lessor is entitled to receive for the breach, as it would be difficult to ascertain the damages in such case. 9. Lessor does hereby grant to Lessee an option for renewal and extension of this lease for a term of twenty (20) years for the same consideration and provisions and conditions; provided however, such extension must be approved by the City Council of the City of Lubbock before the expiration of the original term herein. Lessee shall notify Lessor in writing at least three months before the end of the term of the lease, that an extension is desired and that Council approval is requested. If such notice is not given by Lessee at the expiration of the lease, or if the request for extension is denied, Lessee shall be a tenant from year to year at a rental of One and No/100 Dollar per year, terminable at the will of Lessor after three months written notice to Lessee. 10. Lessee agrees to hold the Lessor free and harmless against any and all claims, demands, suits, and judgments resulting from its use, maintenance and occupancy of the property and improvements. The Lessee shall maintain at all times, as its sole expense, insurance acceptable to the Lessor against claims of public liability and property damage resulting from the Lessee's use, maintenance and occupancy of the property. The amount of insurance coverage shall not be less than $500,000.00 combined single limit and shall include coverage for fire damage to the premises. Certificates evidencing coverage shall be provided to the Lessor. 11. The agreements, conditions, covenants and terms herein shall be binding and insure to and for the benefit of the undersigned, their respective successors and assigns. Executed this the 27th day of October 2011. CAMP FIRE USA PANHANDLE PLAINS COUNCIL TERRA CAMPBELL, EXECUTIVE DIRECTOR CITY OF LUBBOCK, TEXAS �•�«-%�� TOM MARTIN, MAYOR FEW M,19 Beck, LGarza, City Secretary APPROVED AS TO CONTENT: Randy Truesdell, Co unity Services Director APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney STATE OF TEXAS COUNTY OF LUBBOCK Before me, the undersigned authority, a Notary Public in and for said county and state on this day personally appeared TERRA CAMPBELL, Executive Director of Camp Fire USA Panhandle Plains Council, a Texas non-profit corporation, whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, as an act and deed of the said corporation, and in the capacity therein stated. Given under my hand and seal of office, this the -2 7 day of p , 2011. .sem s� • l"ncy amom;ax B. HART teotas aUPulctaT 0 15 No ry Public, Lubbock County, Texasbi,Sxpi es06302- ,Ession Cityatt/Chad/Contracts-Agreements/Lease-Camp Fire USA